LAW FOR ALL

Whether the respondent no. 1 who is occupying the 16th floor of the building in question,has not paid a single rupee onaccount of lease rent, maintenance charges, electricity chargesand other charges and, therefore, the order directing restorationof electricity without requiring the tenant­sub lessee to pay the requisite charges is totally without jurisdiction. ? In view of the aforesaid discussion we set aside the order of the Calcutta High Court and direct as under: I. We are of the view that respondent no. 1 must pay the following amounts for the restoration of electricity:­ i) Lease Rent of Rs.7,29,240 (for the period from 01.02.2012 to 02.12.2019). ii) Maintenance charges of Rs.2,11,20,000 (@ Rs.2,20,000 per month from 01.02.2012 to 31.01.2020). iii) Electricity charges of Rs.1,05,60,000 (@ Rs.1,10,000 per month from 01.02.2012 to 31.01.2020). II. Out of the total of Rs. 3,24,09,240 payable by respondent no.1, we direct it to pay Rs.1,00,00,000 within one month from today. Respondent no.1 shall pay the rest of the amount in three equal instalments of Rs.74,69,746, Rs.74,69,747, and Rs. Rs.74,69,747 to be paid on 15.03.2020, 15.04.2020 and 15.05.2020 respectively. III. In case the respondent no.1 pays the amount of Rs.1,00,00,000/­ to the petitioner then within 3 days of this payment, the petitioner shall restore the electricity. IV. With respect to the lease rent, electricity charges, maintenance charges and other charges, the petitioner shall raise a bill on or before 10th day of each month. The first such bill shall be raised on 10th March, 2020 and the amount shall be paid by respondent no.1 latest by 20th March, 2020. Even in case of any dispute, it shall deposit a sum of Rs.3,50,000/­ every month without prejudice to the rights of the parties. The dispute with regard to the remaining amount can be decided in accordance with law. V. The respondent no.1 through its Chief Executive (Authorised Signatory) shall file an affidavit undertaking to comply with the aforesaid direction within 2 weeks from today. VI. If any of these conditions are violated, the petitioner shall be entitled to disconnect the electricity.